Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 9.2A

Obligation to notify of the occurrence of certain events relating to key personnel of an approved provider

  (1)   An approved provider must notify the * Quality and Safety Commissioner if any of the following events occurs:

  (a)   an individual becomes one of the * key personnel of the provider;

  (b)   an individual ceases to be one of the key personnel of the provider;

  (c)   the provider becomes aware of a change of circumstances that relates to a * suitability matter in relation to an individual who is one of the key personnel of the provider.

Note:   Approved providers have a responsibility under Part   4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part   7B of the * Quality and Safety Commission Act.

  (2)   The notification must:

  (a)   be given within 14 days after the event occurs; and

  (b)   be in the form approved by the * Quality and Safety Commissioner; and

  (c)   if the notification relates to an event of a kind referred to in paragraph   (1)(a)--state:

  (i)   whether the approved provider has considered the * suitability matters in relation to the individual; and

  (ii)   whether, after considering those matters, the provider is reasonably satisfied that the individual is suitable to be involved in the provision of * aged care; and

  (d)   if the notification relates to an event of a kind referred to in paragraph   (1)(b)--set out the reasons the individual ceased to be one of the * key personnel of the approved provider; and

  (e)   if the notification relates to an event of a kind referred to in paragraph   (1)(c)--set out:

  (i)   details of the change of circumstances that relates to a suitability matter in relation to the individual; and

  (ii)   whether the approved provider has considered the suitability matters in relation to the individual; and

  (iii)   whether, after considering those matters, the approved provider is reasonably satisfied that the individual continues to be suitable to be involved in the provision of aged care; and

  (iv)   what, if any, action the provider has taken, or proposes to take, in relation to the individual.

  (3)   A * corporation commits an offence of strict liability if:

  (a)   the corporation is an approved provider; and

  (b)   the corporation fails to comply with subsection   (1).

Penalty:   30 penalty units.



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